Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees

In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.

2016 Waterloo Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 London Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 Kingston Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 Ottawa Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 Toronto Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations

Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…

Federal Court of Appeal Clarifies Employer Obligations to Investigate Workplace Violence Allegations under the Canada Labour Code

In a recent decision, Canada (Attorney General) v. Public Service Alliance of Canada, the Federal Court of Appeal upheld a decision of the Federal Court which clarified an employer’s obligation to appoint an impartial “competent person” to investigate complaints of workplace violence. The Canada Occupational Health and Safety Regulations (“Regulations”) require an employer to appoint…